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Kathryn Barcroft, Esq.

Partner, Chair Private Sector Employment Division

Kathryn Barcroft’s law practice focuses on employment law in the #MeToo era of employment litigation. Ms. Barcroft represents clients in the following practice areas: Employee Hiring, Firing, & Discipline; Workplace Training; Separation Agreements, Non-Compete & Trade Secrets; Paid Family Leave; Private Sector Employment Disputes; and Sexual Harassment Training. She represents clients in a wide range of employment litigation, including claims of discrimination and retaliation, wrongful termination, harassment, trade secrets, restrictive covenants, and breach of employment contracts. Kathryn regularly represents executives in connection with the negotiation and drafting of separation agreements and negotiates favorable settlements in favor of her clients. Her expertise also focuses on litigation avoidance for companies including trainings, manuals, offer and exit agreements and Performance Improvement Plans for employees. Her extensive experience has resulted in the settlement of numerous cases through direct negotiation and mediation. Kathryn has authored various articles for the New York Law Journal including A Global Pandemic Creates a Call to Action as Non-Compete Agreements in New York Impact the Most Vulnerable, which was published on April 16, 2020, and Hostile Work Environment: Is NYC’s Standard the Path Forward in the Era of #MeToo?, which was published on April 11, 2019. Her other legal articles involving various employment issues include Has the Law Evolved Enough To Combat Pervasive Age Discrimination? (New York Law Journal September 11, 2019), Courts May Be Shifting Outlook on Gender Bias Claims (Law 360 March 21, 2019), The office love affair moves from taboo to heightened concern for employers in Me Too movement (Spotlight News February 13, 2019), The Latest On State And Federal Paid Family Leave Programs (Law 360 November 2018); New York, New York! Taking the Lead to Combat Sexual Harassment in the Workplace (New York Law Journal October 17, 2018); Where There's Smoke: N.Y. Companies Should Re-Examine Marijuana Policies (New York Law Journal February 27, 2017); Legal Commentator, Department of Labor's Final Overtime Exemption Law (Law 360 May 18, 2016); Changes are the Way for Employee Overtime Classifications (Inside Counsel May 4, 2016);Legal Commentator, Supreme Court's decision - EEOC v. Abercrombie & Fitch Stores Inc. (Law 360 June 1, 2015); The EEOC Hears Concerns About Social Media and Hiring (New York Law Journal March 9, 2015); Supreme Court Addresses Employer Responsibilities to Pregnant Workers (New York Law Journal and Outside Counsel January 13, 2015); The Revolving Door: An Analysis of Post-Government Employment Restrictions for Foreign Representation (University of Virginia Journal of Law & Politics April 1, 1998).

Ms. Barcroft is known for representing clients in high-profile sexual harassment cases against Defendants such as New York State, as in Tromblee v. The State of New York, et. al. where a plaintiff alleges that she endured severe and pervasive sexual abuse in her workplace and was left unassisted and unprotected by NYS and the supervisors at her agency. The Tromblee case has made national news due to the severity of the misconduct and the alleged failure of the Defendants to protect her, and exposes issues with Title VII sexual harassment standards and the “high hurdles” victims are required to meet under Title VII. While the State of New York, Agency and individual supervisors moved to dismiss the claims of sexual harassment, hostile work environment and retaliation, Ms. Barcroft and the Solomon Law Firm, successfully defeated these motions and the case is moving to be litigated in United States District Court for the Northern District of New York, as reporting in Law 360 here. Ms. Barcroft has also recently commented on the current sexual harassment allegations made against New York State Governor Andrew Cuomo, as discussed here and here. Sexual Harassment Attorney on Assembly Investigation. In another sexual harassment case against a federal contractor involving allegations of a sexually hostile work environment, Taylor v. Calibre Systems, Inc., she survived a motion to dismiss attempting to dismiss the victim’s retaliation and retaliatory hostile work environment claims and later settled the matter after pre-trial submissions. In COL Kathryn Spletstoser v. GEN John Hyten, she represents a former high-ranking Colonel who experienced sexual assault, surviving a motion to dismiss pursuant to the Feres doctrine and a motion to transfer the venue of the action, in an article with Law 360, Ms. Barcroft vowed to "continue to vigorously pursue [the] claims" as set forth here. Her over two decades of experience involves representation of variety of corporate executives which has resulted in high value settlements with various Fortune 500 companies and she provides sexual harassment trainings and employment counseling to organizations and companies regarding employment related issues.

She has also appeared as a television commentator on various New York programs including Capital Tonight, Empire State Weekly and local ABC, CBS, NBC outlets, Spectrum News, and Fox News 5 concerning the new sexual harassment guidelines and the church abuse scandals. She is a member of the New York State Bar Association — Labor and Employment Law Section, Workplace Rights and Responsibilities Committee. Her prior committee memberships include the New York City Bar Association Committee on Sex and the Law and the New York City Bar Association Committee on Domestic Violence. She has presented at the New York State Bar Association Presidential Summit and the Westchester and Connecticut Association of Corporate Counsel on #MeToo and sexual harassment legal issues. She also presented to NYC producers and managers concerning Theatre Company Responsibilities concerning Sexual Harassment Prevention for the Alliance of Resident Theaters New York.

Ms. Barcroft is a graduate of the University of Virginia School of Law and has over two decades of experience in private practice in New York. She currently practices at the Solomon Law Firm PLLC with offices in New York and Washington, DC.

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